No. 24-5830

Derek Tyler Horton v. Alabama

Lower Court: Alabama
Docketed: 2024-10-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights fourth-amendment law-enforcement pretextual-arrest probable-cause warrant-execution
Key Terms:
FourthAmendment
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether a police officer's reason for acting should factor into the Fourth Amendment inquiry and whether an arrest can be considered lawful when circumstances suggest potential lack of probable cause

Question Presented (from Petition)

QUESTION(S) PRESENTED 1.) Whether a police officer's reason for acting, in at least some circumstances, should factor into the Fourth Amendment ainquiry?* 2.) Whether the State of Alabama erred in adopting and applying what is known as the “could have” test to evidence that was seized as = part c£ a pretextual arrest? 3.) Whether an officer has a duty to investigate further when circumstances suggest that probable cause may, in fact, not even exist contrary to first impressions? 4.) Whether an arrest can still be considered “lawful” if there are circumstances that vitiate the probable cause used to obtain the warrant? * This central question is asked verbatim by Justice Ginsburg in. WESBY, infra, and she specifically suggest that this question should be addressed by the Court. ~

Docket Entries

2025-01-13
Petition DENIED.
2024-12-05
DISTRIBUTED for Conference of 1/10/2025.
2024-11-22
Waiver of right of respondent Alabama to respond filed.
2024-10-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2024)

Attorneys

Alabama
William D. DillAlabama Attorney General's Office, Respondent
William D. DillAlabama Attorney General's Office, Respondent
Derek Tyler Horton
Derek Tyler Horton — Petitioner
Derek Tyler Horton — Petitioner